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Top Disability related benefits topic #1475

Subject: "Adding to a DLA claim" First topic | Last topic
Allan Boot
                              

Senior Money Advice Worker, Walsall Money Advice Project, Walsall
Member since
29th Jan 2005

Adding to a DLA claim
Fri 11-Mar-05 01:22 PM

I have a client who is 82 and has been on the mobility component for over 20 years but they do not have the care component with theis claim. Their condition is now that they are riddled with arthritis. I know that if someone over the age of 65 already has the care component and they want to have a change of circumstances to the original claim, to get a higher rate, there is no problem, but what if the client wants to claim the care component now, is this allowed? I would like some ideas from sensible people before I ring up the D.B.U.

Thanks

Allan

  

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Replies to this topic
RE: Adding to a DLA claim, Warren, 11th Mar 2005, #1
RE: Adding to a DLA claim, Allan Boot, 14th Mar 2005, #2
      RE: Adding to a DLA claim, Leigh Andrews, 15th Mar 2005, #3

Warren
                              

Appeals writer, Adjudication and Constitutional Issues, DWP, Leeds
Member since
28th Oct 2004

RE: Adding to a DLA claim
Fri 11-Mar-05 02:41 PM

In short yes see Schedule 1 para 7 to the DLA Regs. This does however exclude the lowest rate and impose a six month QP, rather than the three month. basically the same conditions as for AA.

  

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Allan Boot
                              

Senior Money Advice Worker, Walsall Money Advice Project, Walsall
Member since
29th Jan 2005

RE: Adding to a DLA claim
Mon 14-Mar-05 12:02 PM

Thanks for that. By asking for a "review" can the DWP ask for the mobility part of the form to filled in? Normally I only have to fill in the relvent parts to report the changes of circumstances.

Thanks

  

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Leigh Andrews
                              

welfare benefits trainer, Lasa
Member since
25th Feb 2004

RE: Adding to a DLA claim
Tue 15-Mar-05 04:29 PM

Hello Allan

I would suggest writing a covering letter stating that you are requesting a supersession and ask that DM only considers the care component. The DM does not need to consider the mobility component however they can if they want to, so there is a risk to your client. (CPAG Handbook p 1165 and Social Security Act 1998 section 9)

If it helps calm your nerves whenever I have done this the DM has never looked at the component I wanted them to ignore, but there is always a first time!

  

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Top Disability related benefits topic #1475First topic | Last topic